204 Pa. Code § 305.3 - Sentence Risk Assessment Instrument standards

(a) Effective January 1, 2020, the Commission shall conduct a six-month training and orientation for judges and practitioners related to the use of the Sentence Risk Assessment Instrument, the purpose of the recommendation, and the type of information recommended.

(b) Effective July 1, 2020, the court shall use the SGS Web-based Sentence Risk Assessment Instrument to identify cases for which additional information is recommended to help determine the appropriate sentence for non-DUI offenders who plead guilty or nolo contendere to or who were found guilty of felonies or misdemeanors.

(c) The Sentence Risk Assessment Instrument does not apply to sentences imposed as a result of the following: accelerated rehabilitative disposition; disposition in lieu of trial; direct or indirect contempt of court; violations of protection from abuse orders; or revocation of probation, county intermediate punishment, state intermediate punishment or parole.

(d) In every case in which additional information is recommended and provided to the court, the additional information shall be considered by the court prior to sentencing. The court is encouraged to determine procedures for the preparation of additional information.

(e) In every case in which a court of record imposes a sentence for a felony or misdemeanor, and additional information is recommended, the court shall make as a part of the record, and shall record on the guideline sentence form, whether the court received and considered additional information prior to sentencing. The guideline sentence form shall be electronically transmitted to the Pennsylvania Commission on Sentencing in the manner described in § 303.1(e).

(f) Unless otherwise provided by the Commission, the JNET-based Sentencing Guidelines Software Web application (SGS Web) shall be used at the court's direction to prepare all guideline-required sentencing information prior to sentencing.

Notes

204 Pa. Code § 305.3